I. Introduction

Since the 1990’sSpain has evolved from a country of emigrants to a country of immigrants, with profound social, economic, political, legal, and cultural consequences. The largest number of these immigrants come from Africa, Latin America, and Eastern Europe.[1] Many of these low-skilled migrants come to Spain with a temporary or seasonal work visa.[2] Since 2010 the flow of immigrants into Spain has decreased considerably owing to the economic crisis, high unemployment, and the financial troubles that the country is still trying to overcome.[3]

In order to adapt the immigration laws to the new immigration reality and labor market, a comprehensive immigration law was enacted in 2000—Ley Orgánica 4/2000 sobre Derechos y Libertades de los Extranjeros en Espana y su Integración Social (Organic Law on the Rights and Freedoms of Foreigners in Spain and their Social Integration 4/2000),[4] which has been amended several times and further implemented by Real Decreto 557/2011.[5]

III. Recruitment

Work offers must be posted for twenty-five days in order to recruit national workers.[17] If there are no Spanish nationals interested in the job, the employers advertise the job offers to foreign workers for three months before the starting date of the work assignment.[18] Business and labor union organizations are consulted and given an opportunity to render their opinion on the foreign work offers.[19] Once approved by the government, the labor contract is sent to the foreign worker for signature before the Spanish consular office in the worker’s country.[20]

One of the ways seasonal and temporary foreign workers are hired is through a process of collective recruitment in the country of origin. This process allows for the hiring of foreign workers upon general work offers for fixed-term work.[21] The process was developed by the Ministry of Labor and Immigration (MLI) in consideration of the national employment situation as assessed by the National Public Employment Service.[22] The MLI approves an annual estimate of the number and types of jobs that would qualify for the collective recruitment process in the country of origin during a certain period.[23]

Spanish authorities in collaboration with their counterparts in the foreign workers’ countries of origin participate in selecting candidates for job vacancies.[24] Spanish authorities collect actual vacancies from Spanish employers while authorities in the country of origin provide the selection of candidates for those vacancies. The job offers under this modality are preferably addressed to countries with which Spain has signed bilateral migration agreements.[25] Spain has signed bilateral agreements on the regulation and management of migration flows with Colombia, Morocco, Dominican Republic, Ecuador, Mauritania, Ukraine, Poland, Bulgaria, and Romania.[26] It has also signed bilateral cooperation agreements on immigration with Gambia, Guinea Bissau, Senegal, Niger, El Salvador, Honduras, Argentina, Guinea, Republic of Cape Verde, Mali, Mexico, the Philippines, and Paraguay.[27]

IV. Visa Conditions

A temporary work visa allows a worker to work for up to nine months within a twelve-month period.[28] In order to obtain a temporary work visa, the employer must secure housing facilities that are clean and in dignified condition for the prospective workers.[29] Temporary workers also have access to social services.[30] Temporary work should be offered preferably to countries that have signed bilateral migration agreements with Spain.[31] Temporary work visas may be extended for nine months if the labor contract is extended.[32]

Temporary workers assume the responsibility of returning to their country once the labor contract expires.[33] Noncompliance with the return requirement is grounds for denying future work requests for the three years following the first authorization.[34] In order to establish the actual return, workers must appear in person at the Spanish consulate or office that issued their work permit to record and obtain a document to prove their return.[35]

The employer must organize the trip to Spain and back to the country of origin, assuming the costs of at least the trip to Spain, transportation to and from the port of entry, and housing.[36]

V. Admission Status of Family Members

Family members of temporary workers may be issued a temporary residence visa under the family reunification rules.[37] The law specifies the family members who qualify for this visa.[38] In order to obtain a temporary nonwork permit visa for a family member, applicants must prove that they have sufficient economic resources for the family member’s support.[39] The temporary residence under family reunification may only be issued when the foreign worker has a permit to work in Spain for at least one year.[40]

Family members of temporary workers have access to social and assistance services, including education and housing. These services are mainly provided at the regional level of the Autonomous Communities.[41]